Minister for Agriculture, Food and the Marine -v- Kehoe & Hurley

JudgeO'Shea J.
Judgment Date12 December 2017
Neutral Citation[2017] IEDC 29
Case OutcomeApproved
CourtDistrict Court (Ireland)
THE DISTRICT COURT
DISTRICT COURT AREA OF KILKENNY DISTRICT NO.22
BETWEEN:
THE MINISTER FOR AGRICULTURE,
FOOD AND THE MARINE
PROSECUTOR
- AND
MYLES KEHOE AND
JAMES HURLEY
ACCUSED
Judgment delivered by Judge Brian O’Shea at Kilkenny District Court on 12th day of
December 2017
Background
1. This prosecution was initiated on foot an uncontested authorisation dated 19 September
2016 issued by the Assistant Secretary General at the Department of Agriculture, Food
and the Marine. Mr Kehoe (as the owner of the relevant lands) and Mr Hurley appear
before the court, each accused of two offences, namely:
a) causing or permitting an act or thing to be done that caused or was calculated to
cause trees to die or be irreparably damaged contrary to section 51(1) of the
Forestry Act 1946 as amended, and
b) failing to comply with section 37(1) of the 1946 Act by causing or permitting the
uprooting and/or cutting down of trees (being over 10 years old) without having
given notice in writing as prescribed by section 37, contrary to section 37(3) of the
1946 Act.
Evidence of Mr Murren
2. Evidence was adduced from Mr Murren, a forestry inspector. On 15 December 2015 he
was alerted to extensive tree felling on lands at Coolraheen South, Co Kilkenny. The
person who alerted him was Mr Kilfeather who works with Inland Fisheries. Mr Murren
made inquiries that resulted in him being sent a copy of an associated tree felling licence,
GFL16084. He considered that the licence entitled the licensee to fell “windblown” trees
on two hectares of land. He later determined that 10.59 hectares were felled.
3. On 16 December 2015 Mr Murren and Mr Kilfeather walked the lands. As they were
about to leave they encountered Mr Kehoe. Mr Murren put it to Mr Kehoe that the
licence only extended to two hectares and inquired of him whether he had a licence to
cover the remaining felling. Mr Kehoe replied that he was not sure and stated: “Jim
Hurley looks after all that for me”.
4. Mr Murren gave uncontested testimony that the trees that were felled had been planted in
1991 and were approximately 24 years old at the time of felling.
5. Mr Murren referred to an agreed book of documents and photographs relating to what he
saw “on the ground”. Firstly he referred to an area of recent felling at Photograph 10.
He stated that this was covered by the licence. He then referred to a number of
photographs: 10, 11, and 14 showing stumps of trees that he opined were healthy
upright trees that were felled outside of the licence area. He stated that he only found

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